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Dominion Energy says court challenge not delaying Virginia wind project

May 2, 2024 — A coalition of groups opposing the Coastal Virginia Offshore Wind Project was in a Washington, D.C. federal court this week, seeking a preliminary injunction to stop construction work in May. 

Conservative activist groups the Heartland Institute, the Committee for a Constructive Tomorrow (CFACT), and the National Legal and Policy Center (NLPC) sued Dominion Energy and the Biden administration over federal permits for the planned 2.6 gigawatt project of 176 turbines.

The plaintiffs claim the federal Bureau of Ocean Energy Management and other federal agencies “have not done the legally required research to determine the project won’t harm the critically endangered North Atlantic right whale,” according to a Heartland Institute statement.

U.S. District Court Judge Loren AliKhan called on lawyers for Dominion, the government and plaintiffs to file more papers and responses by May 9, before she rules on the groups’ request for a preliminary injunction.

Read the full story at WorkBoat

VIRGINIA: Reaching a Major Oyster Restoration Milestone in Virginia’s York River

April 24, 2024 — The following was released by NOAA Fisheries:

NOAA and partners are making great progress toward a big goal: To restore oyster reef habitat in 10 Chesapeake Bay tributaries by 2025. It’s the world’s largest oyster restoration project!

At an Earth Day 2024 event, Virginia Governor Glenn Youngkin announced that work to restore oyster reefs in the York River is complete. The York River, which is located in NOAA’s Middle Peninsula Habitat Focus Area, is the eighth tributary to be declared to be restored.

“It is my privilege to commemorate this year’s Earth Day by officially announcing and celebrating the completion of the Lower York River Oyster Restoration Goal. By reaching this restoration goal, we are sending a clear message that this administration’s year-round commitment to preserve our natural resources is unwavering,” said Governor Youngkin. “As Virginians, we are blessed to be surrounded by an abundance of treasured natural resources and we will protect them.”

NOAA and the Virginia Marine Resources Commission conducted the project, which restored more than 200 acres of habitat.

Restored Reefs Provide Important Habitat

We believe that restoring oyster reef habitat is important because oysters—and the reefs they form—provide important benefits. Oyster reefs are important habitat for many commercially and recreationally significant fish and shellfish. Reefs give juvenile fish a place to hide from predators. Oysters are filter feeders, so they help improve water quality as they eat.

“NOAA is excited to celebrate not only the tremendous work to restore more than 200 acres of oyster reef in the York River—and the habitat these reefs will provide for species including black sea bass, summer flounder, and blue crabs—but also to highlight the partnership among Virginia agencies and NOAA that made it happen,” said Dr. Sunny Snider, deputy director of NOAA Fisheries’ Office of Habitat Conservation.

Healthy Reefs Support the Economy

Having more habitat and cleaner water is also good for people and the economy. Research shows that in one Chesapeake river, having restored reefs would lead to a 160 percent increase in the annual blue crab harvest.

“I am extremely proud of our Shellfish Management Division and the pivotal role that we have played in this historic achievement, which not only supports the most economically important commercial fishery in Virginia but also sets a precedent for sustainable coastal conservation efforts nationwide,” said Virginia Marine Resources Commissioner Jamie Green.

Restored Tributaries

Eight tributaries have been restored toward the Chesapeake Bay Program’s goal.

Maryland

  • Harris Creek
  • Little Choptank River
  • Tred Avon River
  • Upper St. Mary’s River

Virginia

  • Lafayette River
  • Piankatank River
  • Great Wicomico River
  • Lower York River

Virginia was so excited about restoring oyster reefs that they worked in an eleventh “bonus” tributary, the Eastern Branch of the Elizabeth River! Work continues in Virginia’s Lynnhaven River and Maryland’s Manokin River.

NOAA Plays Important Roles in Restoration

We chair the Maryland and Virginia workgroups that guide large-scale oyster reef restoration in the Chesapeake Bay. These groups do the planning and coordinate the implementation and construction of the projects. In the York River, NOAA scientists use sonar to map the bottom of the river where the reef projects are planned. They and the Virginia Marine Resources Commission will track the health of those restoration reefs after restoration to make sure they succeed.

In addition, we provided funding to the Virginia Marine Resources Commission to support the York River project.

A timeline of the whales that have died off Virginia, NC coast this year

April 17, 2024 — In under two months, eight whales have died in and around the Virginia and North Carolina coasts.

This tragic trend may be the result of human impact, according to experts from the National Oceanic and Atmospheric Administration (NOAA).

However, some activists argue that offshore wind farms are to blame.

Whatever the cause, here is a timeline of whales that have died off the Virginia and North Carolina coasts this year:

March 3: Two dead whales are spotted in Virginia Beach, and were later determined to have entanglement scars

Read the full article at WTKR

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Surfclams Off the Coast of Virginia Reappear – and Rebound

April 16, 2024 — The Atlantic surfclam, an economically valuable species that is the main ingredient in clam chowder and fried clam strips, has returned to Virginia waters in a big way, reversing a die-off that started more than two decades ago.

In a comprehensive study of surfclams collected from an area about 45 miles due east from the mouth of the Chesapeake Bay, Rutgers scientists found the population to be thriving and growing. A likely reason could be that environmental conditions improved, and another possibility is that the clams adapted, the scientists said. The report, published in the science journal Estuaries and Coasts, details the characteristics of a population of healthy-size surfclams of different ages living just under the surface of the sandy ocean bottom.

And it’s all a bit of a surprise.

“It’s unexpected and it’s good news,” said Daphne Munroe, an associate professor in the Department of Marine and Coastal Sciences in the Rutgers School of Environmental and Biological Sciences, and an author of the study. “They disappeared some time ago – we thought they were gone. But we found there were more clams there than we thought we were going to see. And they are flourishing.”

Read the full article Rutgers

VIRGINIA: Dominion’s ship is coming in for its offshore wind project

April 16, 2024 — The ship Dominion Energy needs to install 176 giant wind turbines in the Atlantic Ocean, 27 miles off the Virginia Beach Oceanfront, has been launched, as the utility has won its 11th and final federal permit for the $9 billion project.

The ship, called Charybdis, is a U.S. flag vessel.

That means Dominion can stage all of the components for the more than 800-foot-tall turbines in Virginia port facilities — it had to shuttle these from Halifax, Nova Scotia, for the first two, smaller turbines it installed on its ocean lease.

The only ship Dominion could find to do the work was registered in Luxembourg, and U.S. law bars foreign flag ships from moving cargo between U.S. points.

Read the full article at Richmond Times-Dispatch

VIRGINIA: VA Governor Signs “Right To Fish” Law Protecting Menhaden Crews

April 15, 2024 — A shocking incident between an Omega Protein menhaden fishing crew and a jetskier prompted a new law to keep anyone from harassing commercial fisherman.

Delegate Hillary Pugh Kent, representing Virginia’s Northern Neck and Caroline County in House District 67, announced that Governor Glenn Youngkin has signed into law “The Right to Fish” bill, (House Bill 928) to protect commercial watermen from interference, which she sponsored.

Del. Kent said, “This bill recognizes the importance of our state’s seafood industry by creating protections for commercial watermen and deterring unlawful interference. This new law will provide restitution against those who purposefully inhibit fishing and destroy the property of commercial watermen,” she said. “It will reinforce the continued viability of our fishing and seafood industries, which are necessary to the economic and cultural fabric of the Northern Neck and all of the Commonwealth.”

Read the full article at Chesapeake Bay Magazine

Virginia governor signs ‘right to fish’ law

April 11, 2024 — Virginia Gov. Glenn Youngkin signed into law “The Right to Fish” bill, (Virginia House Bill 928) to protect commercial watermen from interference, said state Delegate Hillary Pugh Kent.

Kent, who represents Virginia’s Northern Neck and Caroline County in the state legislature, was primary sponsor of the measure, inspired by reports of Virginia commercial fishermen being harassed while working on the water.

 Kent says the new law “recognizes the importance of our state’s seafood industry by creating protections for commercial watermen and deterring unlawful interference.”

“This new law will provide restitution against those who purposefully inhibit fishing and destroy the property of commercial watermen,” she said. “It will reinforce the continued viability of our fishing and seafood industries, which are necessary to the economic and cultural fabric of the Northern Neck and all of the Commonwealth.”

Read the full article at the National Fisherman 

VIRGINIA: The ‘Right to Fish’ bill signed into law

April 11, 2024 — As of July 1, 2024, a new law will make it a Class 1 misdemeanor to interfere with or impede commercial fishing vessels and commercial fishing operations in Virginia waters.

This law arose from HB 928, a bill Delegate Hillary Pugh Kent introduced in this year’s  General Assembly. “The Right to Fish” law, as she calls it,  was inspired by incidents surrounding the Reedville menhaden fishing operations, including an incident where a jet skier reportedly approached two menhaden fishing vessels, cut the fishing net, and sprayed one of the open-air boats where  the crew was working.

In addition to a potential sentence up to 12 months in jail and a fine up to $2,500, any person convicted of a first offense loses the ability to have a hunting and fishing license for a year. Additional convictions deem the person ineligible for those licenses for 3 years. And, any person convicted of this commercial fishing interference law will be required to complete boating safety education.

Read the full article at News On The Neck

Dead right whale off Virginia likely hit by ship, calf unlikely to survive

April 6, 2024 — According to a release from the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service this week, an endangered North Atlantic right whale found dead off the Virginia Coast late last month was likely killed by a ship strike.

The release states that on April 2, experts conducted a necropsy on the adult female North Atlantic right whale #1950. “Preliminary findings included catastrophic injuries with a dislocation of the whale’s spine and fractures to all vertebrae in the lower back,” the release states. “These findings are consistent with blunt force trauma from a vessel strike prior to death. Additional histological and diagnostic testing of samples is pending. NOAA’s Office of Law Enforcement is investigating this incident.”

Experts believe there are fewer than 360 North American right whales alive.

Read the full article at the News-Times

Right whale found dead off Virginia coast recently gave birth to calf, experts say

April 3, 2024 — A critically endangered North Atlantic right whale was found dead off the coast of Virginia on Saturday, and her calf is missing, unlikely to survive without her, officials said.

The National Oceanic and Atmospheric Administration on Tuesday confirmed the identity of the dead whale, female #1950, which was found floating approximately 50 miles offshore Back Bay National Wildlife Refuge in Virginia. The whale has been known to researchers since 1989, and gave birth to her sixth calf during the 2024 calving season.

NOAA Fisheries said the whale was towed to shore for a necropsy, which will be led by scientists at the University of North Carolina Wilmington alongside other organizations, to determine her cause of death. The carcass showed signs of shark scavenging.

According to NOAA Fisheries, female #1950 is the 40th mortality in the ongoing Unusual Mortality Event impacting North Atlantic right whales. the UME was declared in 2017, and includes 40 dead, 34 seriously injured, and 51 sublethally injured or ill whales. The agency said most were killed or injured by entanglements in fishing gear and vessel strikes in both U.S. and Canadian waters.

Read the full article at WIFR

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